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(영문) 광주지방법원 2015.10.15 2015구합10292
처리명령 처분 취소 청구
Text

1. A disposal order issued by the Defendant against the Plaintiff on January 19, 2015 (the prohibition of carrying in wastes and the disposal of all wastes brought in).

Reasons

Details of the disposition

The plaintiff is a corporation that runs the general waste recycling business in the Youngnam-si, Youngnam-si, 53-69.

On January 3, 2015, the Defendant issued an order to dispose of the Plaintiff, in the course of guidance and inspection with respect to the Plaintiff, determined that the goods stored in each warehouse building (hereinafter “the instant stored goods”) on the ground that: (a) the Plaintiff’s use of the instant stored goods in each warehouse building (hereinafter “the instant stored goods”) was the wastes owned by the Plaintiff; and (b) on the ground that the storage of the instant stored goods, which are wastes in each warehouse building that was not approved as waste disposal facilities to the Plaintiff on January 19, 2015, was modified without permission for alteration, pursuant to Articles 25(11) and 39-3 of the Wastes Control Act on the ground that the storage of the instant stored goods, which were wastes, was prohibited from bringing in each warehouse building of this case, and until January 25, 2015, each of the instant stored goods (hereinafter “the instant order”).

[Reasons for Recognition] Facts without dispute, Gap Nos. 4 and 1 and 2, the plaintiff's assertion to the purport of the whole argument, and the plaintiff's assertion to relevant Acts and subordinate statutes are owned by the plaintiff, but the disposition of this case shall be revoked for the following reasons.

The defendant did not give prior notice and the opportunity to present opinions, but did not give prior notice to the plaintiff while rendering the disposition of this case, and violated the Administrative Procedures Act because it did not give an opportunity to present opinions.

The regulations on the integrated guidance and inspection with respect to environmental pollutant emission facilities, etc. that violate the regulations on the integrated guidance and inspection with respect to environmental pollutant emission facilities, etc. shall specify the purpose and matters to be inspected, present a certificate indicating their identification, and the guidance and inspection.

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